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Terms and conditions

Acceptance of terms

This page, together with the Law-Now Privacy Policy (incorporating the Law-Now Cookies Policy) explains the terms and condition on which you may use the website www.cms-lawnow.com, including various zones, such as the RegZone which is a Law-Now section or zone that has been created to cover financial services regulation (“RegZone”), and bespoke microsites and client services (the “Websites”) and the online information services provided to subscribers to the Websites (the “Law-Now Services”). Please read these Terms and Conditions carefully before you start to use the Websites. By using the Websites you agree to use of your information by us in accordance with these Terms and Conditions.

Information about us

The Websites and the Law-Now Services are provided by CMS Legal Services EEIG (“CMS EEIG”) with its head office at: Barckhausstraße 12 – 16 60325 Frankfurt, Germany. The contact email address for CMS EEIG is: info@cmslegal.com, its Ust-ID is: DE 257 695 176 and it is registered on Handelsregister A in Frankfurt am Main with the registration number: HRA 44853. CMS EEIG is a European Economic Interest Grouping that coordinates an organisation of independent law firms. CMS EEIG provides no client services. Such services are solely provided by CMS EEIG’s member firms in their respective jurisdictions. CMS EEIG and each of its member firms are separate and legally distinct entities, and no such entity has any authority to bind any other. CMS EEIG and each member firm are liable only for their own acts or omissions and not those of each other. The brand name “CMS” and the term “firm” are used to refer to some or all of the member firms or their offices.

In some countries the CMS EEIG member firms listed above operate in partnership with other independent law firms and in other countries, CMS offices are run by separate CMS entities, in each case as set out in the table below:

References to “CMS member firms” in these Terms and Conditions include both the CMS EEIG member firms and the entities listed in the table above. The CMS member firms operate a network of branches worldwide. For more information about CMS including contact details for the CMS member firms and the locations where CMS member firms operate, please visit: cms.law

Our websites and services

The information held on our Websites and provided in connection with the Law-Now Services is for general purposes and guidance only, does not constitute legal or professional advice and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. For legal advice, please contact your main contact partner at the relevant CMS member firm. If you are not a client of a CMS member firm, please send an email to: law-now.support@cmslegal.com so that your enquiry can be passed on to the right person(s).

We do not make any representations or give any warranties or undertakings in relation to the quality, accuracy, completeness or fitness for purpose of the content of our Websites or our Law-Now Services. All information provided in connection with the Websites and the Law-Now Services relates to circumstances at the time of its original publication and may not have been updated to reflect subsequent developments.

Limitation of liability

Except as required by law, CMS EEIG and the CMS member firms do not accept any responsibility and shall not be liable for any losses or damages whatsoever, whether in contract, tort (including negligence) or otherwise arising from reliance on information contained in these Websites, or our Law-Now Services or other services, or from any interruption or delay in access, use of, or inability to use or access, the Websites for whatever reason, save that NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE LIABILITY FOR FRAUD OR NEGLIGENCE RESULTING IN PERSONAL INJURY OR DEATH OR FOR THE FRAUD OF CMS EEIG AND/OR ANY OF THE CMS MEMBER FIRMS.

Account and password

When you choose, or you are provided with, a username or password or any other piece of information to access to the Law-Now Services, you must treat such information as confidential. You must not disclose it to any other person. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at: law-now.support@cmslegal.com.

Acceptable use policy

You may not use our Websites or the Law-Now Services or other services:

in any way that breaches any law or regulation, or has any unlawful purpose or effect;

to send, knowingly receive, upload, download, publish, post, distribute, disseminate, transmit, use or re-use any material or information which is inaccurate, illegal, defamatory, offensive, infringing, obscene, indecent, unsolicited, unauthorised, unlawful, objectionable or which may expose you or us to legal action or reputational damage; or

to threaten, harass, stalk, abuse, disrupt or otherwise violate the rights of others.

You also agree not to:

reproduce, duplicate, copy or sell any part of our Websites or the Law-Now Services, except as permitted by these Terms and Conditions;

obtain or attempt to obtain unauthorised access to, interfere with, damage or disrupt: our Websites, the Law-Now Services, other services, our computer systems,equipment, software, or any areas of our networks which are identified as restricted;

modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this, or the owner has expressed a wish that you do not do this;

make available or upload files that contain software, other material, data or information not owned by or licensed to you, or collect information about others withouttheir prior consent;

impersonate another person, use a false name or name you are unauthorised to use, create a false identity or e-mail address, try to mislead us or others as to the identity or origin of any communications, or to provide inaccurate or unreliable contact details; or

falsify true ownership of software or other material or information contained in a file made available via our Websites or the Law-Now Services or other services.

When you are asked to provide information in connection with the Websites or the Law-Now Services or other services, you agree to provide true, accurate, current andcomplete details. It may not be possible to provide you with the Law-Now Services if you do not provide the minimum mandatory information required. You do nothave to provide us with any optional information requested. Mandatory information is usually indicated by the presence of an asterisk.

Viruses and compatibility

We have taken steps to detect computer viruses but we cannot guarantee that our Websites and the Law-Now Services are virus-free. We shall not be liable for any loss or damage which occurs as a result of any virus, including without limitation any distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other materials. You are responsible for protecting your computer systems from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures. We give no warranties as to the compatibility of our Websites or the Law-Now Services with your computer systems, software and/or hardware. You must not misuse our Websites by knowingly introducing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You must not attack our Websites via a denial-of-service attack or a distributed denial-of service attack, or in any other way. By breaching this section on Viruses and Compatibility, you would commit a criminal offence under the Computer Misuse Act 1990.

Copyright

Our Websites are owned by CMS Legal Services EEIG and the copyright in the materials on these Websites is owned by CMS EEIG, Law Now Limited and contributing CMS member firms. Law-Now and any other names, images and logos identifying CMS are proprietary trade marks of CMS Cameron McKenna Nabarro Olswang LLP and CMS Legal Services EEIG.

You may access, download, print and make occasional copies of materials published on these Websites or provided as part of the Law-Now Services for yourself and/or others, and share these materials with others, provided that you do so free of charge, the copyright notices on this material remain intact, and your communication of the content is not misleading or inaccurate. You may also download our app-style icons to your desktop or mobile device, for easy access to our Law-Now offerings. No other use of the materials published on our Websites or provided as part of the Law-Now Services is permitted without the express prior written consent of CMS EEIG. Requests for permission should be addressed to law-now.support@cmslegal.com. All rights reserved.

Privacy and cookies

Our Privacy Policy (and our Cookies Policy) explain how we collect and use your personal information. We shall not be subject to any obligations of confidentiality regarding submitted information except as outlined in our Privacy Policy or as otherwise specifically agreed or required by law.

Third party websites and linking

Our Websites may contain links to other websites over which we have no control. Neither CMS EEIG nor any of the CMS member firms accept responsibility or liability for the operation or content of such websites. Please review the terms and conditions of other websites before using them. Links to our Websites are not permitted without the prior and express written consent of CMS EEIG.

Termination

We reserve the right to limit or terminate your access to all or part of the Websites, and/or the Law-Now Services, with or without notice, for any reason and at any time.

Variations

Please note that we may amend these Terms and Conditions from time to time without notice. Where we change or amend these Terms and Conditions, we will publish the updated Terms and Conditions on our Websites and/or otherwise notify you of them. Any changes will take effect immediately upon publication. We encourage you to review these Terms and Conditions regularly.

Severance

If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of these Terms and Conditions.

Applicable law

Our Websites (including these Terms and Conditions, the Privacy Policy and Cookies Policy) are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any disputes arising from these Websites.

Contact us

If you have any questions about these Terms and Conditions, or if you would like to receive a hard-copy version of these Terms and Conditions you can contact us on the details provided below: